The following information comprises the minutes for a regular meeting of the City Council, a joint meeting of the Banning City Council and Banning Utility Authority and a joint meeting of the Banning City Council and the Banning City Council sitting in its capacity as the Successor Agency Board.
MINUTES 2/27/2024
CITY COUNCIL REGULAR MEETING
COUNCIL MEMBERS PRESENT: Council Member Sheri Flynn
Council Member David Happe
Mayor Pro Tem Rick Minjares
Mayor Alberto Sanchez
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Doug Schulze, City Manager
Serita Young, City Attorney
Marie Calderon, City Clerk
Caroline Patton, Administrative City Clerk
John Garside, Multimedia Specialist
Art Vela, Director of Public Works
Lincoln Bogard, Administrative Services Director
Adam Rush, Community Development Director
Ralph Wright, Parks and Recreation Director
1. CALL TO ORDER
Mayor Sanchez called the regular meeting to order at 5:04 p.m.
1.1. Invocation – Ralph Wright, Parks and Recreation Director, led the invocation.
1.2. Pledge of Allegiance – Council Member Flynn led the Pledge of Allegiance.
1.3. Roll Call
COUNCIL MEMBER PRESENT ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
2. AGENDA APPROVAL
2.1. Approve Agenda
Motion to approve the agenda.
Motion by Council Member Wallace
Regular Meeting Minutes 2/27/2024 Page 2 of 14
Seconded by Council Member Happe
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
3. PRESENTATIONS
3.1. Proclamation – Women’s History Month
4. REPORT ON CLOSED SESSION
Serita Young, City Attorney reported that there was discussion and direction provided to staff, with no final nor reportable action.
5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, CITY COUNCIL
COMMITTEE REPORTS, CITY MANAGER REPORT, AND CITY ATTORNEY REPORT
5.1. PUBLIC COMMENTS
The following individuals addressed City Council during Public Comment:
• Beverly Berry
• Inge Schuler
• Harry Sullivan
• Bill Hobbs
• Diego Rose
5.2. CORRESPONDENCE
None
5.3. APPOINTMENTS
None
5.4. CITY COUNCIL COMMITTEE REPORTS
Council Member Wallace reported on a Community Action Partnership (CAP) meeting.
Mayor Pro Tem Minjares reported on discussions he had had with Council Member Flynn regarding the ARE Animal Shelter Advisory Committee.
Mayor Sanchez reported on a recent Tri-Pointe Homes ribbon cutting he attended.
Council Member Flynn reported on a Mayors and Council Members Roundtable, a webinar she attended, the Riverside Transit Agency (RTA) board meeting, a meeting with the Executive Director of the Western Riverside County Council of Governments Regular Meeting Minutes 2/27/2024 Page 3 of 14
(WRCOG), and a Riverside County Transportation Commission (RCTC) meeting.
She also said the ARE Animal Shelter Committee would be moving forward.
Council Member Happe reported that he would hold Town Hall meetings tentatively scheduled for the second Saturday of each month. He said citizens could confirm the date, time and location on the City’s calendar.
Mayor Pro Tem Minjares added that four members were appointed to the Banning Youth Council this evening.
5.5. CITY MANAGER REPORT
City Manager Schulze responded to Public Comment.
5.6. CITY ATTORNEY REPORT
City Attorney Young had no report.
5.7. CITY TREASURER REPORT
Treasurer Geronimo had no report.
6. CONSENT AGENDA
6.1 Approval of the Meeting Minutes for the February 6 and 13, 2024 City Council Meetings
6.2 Accounts Payable and Payroll Warrants Issued in the Month of December 31, 2023
6.3 Accounts Payable and Payroll Warrants Issued in the Month of January 31, 2024
6.4 Receive and File Cash and Investments Report for the Month of January 2024
6.5 Receipts, Disbursements, & Fund Balances Reporting for January 2024 and Fiscal Year 2022-23 and 2023-24 Year-To-Date
6.6 Receive and File Police Department Statistics for the Month of January 2024
6.7 Receive and File Fire Protection Services Statistics for the Month of January 2024
6.8 Public Works Capital Improvement Project Tracking List
6.9 Receive and File Code Enforcement Update and Statistics for the Month of January 2024
6.10 Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports
6.11 Bulky Item Collection/Compost Giveaway Event Update
6.12 Authorize the City Manager to Sign the Notice of Completion for Project No.
WA22G1, “Drilling, Construction, Development, and Testing of City of Banning Well C-8” as Complete and Direct the City Clerk to Record the Notice of Completion
6.13 Consideration of Resolution 2024-29, Approving Final Tract Maps 37388-1, 37388- 2, 37388-3; Releasing the Maps for Recordation; Authorizing Staff to Sign the Subdivision Improvement Agreements and Final Tract Maps; and, Accepting Faithful Performance and Labor Bonds for Public Improvements
6.14 Consideration of Resolution 2024-30, Approving an Agreement with Pyro Spectaculars, Inc. for Production of the Fourth of July Aerial Fireworks Display
6.15 Consideration of Resolution 2024- 31, Awarding a Professional Services Agreement for the Design of Lions Park Non-Potable Water Irrigation Conversion Project to Kimley- Horn and Associates, Inc. in the amount of $98,749 and Approving a 10% Contingency for a Total Project Budget of “Not-to-Exceed” $108,623.90
6.16 Consideration of Resolution 2024-34, Authorizing the Submittal of a Water Recycling Funding Program Planning Grant Application for a Request of Regular Meeting Minutes 2/27/2024 Page 4 of 14
Approximately $300,000 and Authorizing the City Manager or Designee to Sign and Submit All Required Documents Related to the Planning Grant Application
6.17 Consideration of Resolution 2024-35, Approving Amendment No. 6 to a Professional Services Agreement (C00641) with Nobel Systems Inc. for ArcGIS and API Online Services
6.18 Consideration of Resolution 2024-36, Approving Amendment No. 5 to a Professional Services Agreement (C00658) for Planning Services by and between the City of Banning and Romo Planning Group, Inc. (RPG)
6.19 Consideration of Resolution 2024-37, Approving Amendment No. 3 to a Professional Services Agreement (C00608) with Willdan Engineering for Building and Safety Plan Check and Landscape Design Review Services
6.20 Consideration of Resolution 2024-39, Approving an Amendment to the Williams Scotsman Purchase Order (32201) in the Amount of $20,000
6.21 Consideration of Resolution 2024-41, Authorizing the City Manager to Enter into a Lease Agreement with Haskell Real Estate for Homeless Transitional Housing
6.22 Second Reading and Adoption of Ordinance 1597, Establishing Regulations Governing the Possession of Catalytic Converters, and Amending Title 9 of the Banning Municipal Code
6.23 Second Reading and Adoption of Ordinance 1598, Adding a New Chapter 1.32 to Title 1 of the Banning Municipal Code and Amending Other Sections of the Banning Municipal Code to Create and Implement a Comprehensive Cost Recovery Program for All Nuisance Abatement Actions.
6.24 Second Reading and Adoption of Ordinance 1600, Amending the High Density Residential (HDR) and Very High Density Residential (VHDR) Zoning Districts by Amending the Definitions in Sections 17.08.010.B.8 and 17.08.010.B.11, by Adding New Permitted and Conditionally Permitted Uses for the Very High Density Residential Zone in Section 17.08.020, and Adding Residential Development Standards for the Very High Density Residential Zone in Section 17.08.030 (Chapter 17.08, Articles I & II); and Amending Commercial Zoning Districts (Chapter
17.12, Articles I & II) by Adding New Permitted and Conditionally Permitted Uses to Table 17.12.020 of the City of Banning Municipal Code (BMC) Allowing Special Needs Housing As Required Pursuant to State Housing Law; And Making a Determination of Exemption From the California Environmental Quality Act Public Comment
• Daryl C. Terrell
Motion to adopt consent agenda items 6.4 to 6.7, 6.9 to 6.16, 6.22 to 6.23.
Motion by Council Member Wallace
Seconded by Council Member Happe
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
Regular Meeting Minutes 2/27/2024 Page 5 of 14
6.1. Approval of the Meeting Minutes for the February 6 and 13, 2024 City Council Meetings
Public Comment
• Cindy Barrington
• Diego Rose
• Frank Burgess
Motion to adopt the meeting minutes for February 6, 2024 City Council Meetings with the addition of a written statement authored by Council Member Flynn.
Motion by Council Member Flynn
Seconded by Mayor Pro Tem Minjares
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
Motion to adopt the meeting minutes for February 13, 2024 City Council Meetings.
Motion by Mayor Sanchez
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
6.2. Accounts Payable and Payroll Warrants Issued in the Month of December 31, 2023 Lincoln Bogard, Administrative Services Director, presented the staff report.
Public Comment
None
Motion to ratify the Accounts Payable and Payroll Warrants for the Month of December 2023.
Motion by Council Member Happe
Regular Meeting Minutes 2/27/2024 Page 6 of 14
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
6.3. Accounts Payable and Payroll Warrants Issued in the Month of January 31, 2024 Lincoln Bogard, Administrative Services Director, presented the staff report.
Public Comment
• Frank Burgess
• Diego Rose
Motion to ratify the Accounts Payable and Payroll Warrants for the Month of January 2024.
Motion by Council Member Flynn
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
6.8. Public Works Capital Improvement Project Tracking List Art Vela, Director of Public Works, presented the staff report.
Public Comment
None
Motion to receive and file.
Motion by Council Member Happe
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Regular Meeting Minutes 2/27/2024 Page 7 of 14
Wallace, Colleen
Motion approved by a vote of 5-0.
6.17. Consideration of Resolution 2024-35, Approving Amendment No. 6 to a Professional Services Agreement (C00641) with Nobel Systems Inc. for ArcGIS and API Online Services
Adam Rush, Community Development Director, presented the staff report.
Public Comment
None
Motion to continue this item to the next meeting.
Motion by Council Member Flynn
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
6.18. Consideration of Resolution 2024-36, Approving Amendment No. 5 to a Professional Services Agreement (C00658) for Planning Services by and between the City of Banning and Romo Planning Group, Inc. (RPG) Adam Rush, Community Development Director, presented the staff report.
Public Comment
• Diego Rose
Motion to adopt Resolution 2024-36.
Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
Regular Meeting Minutes 2/27/2024 Page 8 of 14
6.19. Consideration of Resolution 2024-37, Approving Amendment No. 3 to a Professional Services Agreement (C00608) with Willdan Engineering for Building and Safety Plan Check and Landscape Design Review Services Adam Rush, Community Development Director, presented the staff report.
Public Comment
None
Motion to adopt Resolution 2024-37.
Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
6.20. Consideration of Resolution 2024-39, Approving an Amendment to the Williams Scotsman Purchase Order (32201) in the Amount of $20,000 Doug Schulze, City Manager, presented the staff report.
Public Comment
• Diego Rose
• Frank Burgess
Motion to adopt Resolution 2024-39.
Motion by Council Member Happe
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 4-1.
6.21. Consideration of Resolution 2024-41, Authorizing the City Manager to Enter into a Lease Agreement with Haskell Real Estate for Homeless Transitional Housing Doug Schulze, City Manager, presented the staff report.
Regular Meeting Minutes 2/27/2024 Page 9 of 14
Public Comment
• Harry Sullivan
• Diego Rose
Motion to adopt Resolution 2024-41.
Motion by Mayor Sanchez
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 3-2.
Mayor Sanchez announced a recess at 7:45 p.m. The meeting was reconvened at 8:06 p.m.
6.24. Second Reading and Adoption of Ordinance 1600, Amending the High Density Residential (HDR) and Very High Density Residential (VHDR) Zoning Districts by Amending the Definitions in Sections 17.08.010.B.8 and 17.08.010.B.11, by Adding New Permitted and Conditionally Permitted Uses for the Very High Density Residential Zone in Section 17.08.020, and Adding Residential Development Standards for the Very High Density Residential Zone in Section 17.08.030 (Chapter 17.08, Articles I & II); and Amending Commercial Zoning Districts (Chapter
17.12, Articles I & II) by Adding New Permitted and Conditionally Permitted Uses to Table 17.12.020 of the City of Banning Municipal Code (BMC) Allowing Special Needs Housing As Required Pursuant to State Housing Law; And Making a Determination of Exemption From the California Environmental Quality Act Adam Rush, Community Development Director, presented the staff report.
Public Comment
• Frank Burgess
Motion to remand this to the Planning Commission for further discussion and bring it back to the Council.
Motion by Council Member Flynn
No second. Motion failed.
Motion to conduct the second reading and adopt Ordinance 1600.
Motion by Mayor Pro Tem Minjares
Seconded by Council Member Mayor Sanchez
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Regular Meeting Minutes 2/27/2024 Page 10 of 14
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 4-1.
7. PUBLIC HEARING(S)
None
8. REPORTS OF OFFICERS
8.1 Introduction and First Reading of Ordinance 1601, An Ordinance of the City of Banning, California, Amending Sections 2.42.030(B), 2.42.040(A), 2.42.040(B)(2) of Chapter 2.42 (Youth Council) of Title 2 (Administration and Personnel) of the Banning Municipal Code to Modify the Composition of, the Meeting Times for, and the Quorum Requirements for the Banning Youth Council, and Making a Determination of Exemption from the California Environmental Quality Act Ralph Wright, Parks and Recreation Director, presented the staff report.
Public Comment
None
Motion to introduce, as read by title only, Ordinance 1601.
Motion by Council Member Happe
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
8.2 Consider of Stagecoach Days Memorandum of Understanding (MOU) Doug Schulze, City Manager, presented the staff report.
Public Comment
None
Motion to notify Stagecoach Days Association of the City's intent to extend the current MOU for one year with a termination date of June 21, 2025 and directing the City Manager to work with the Stagecoach Days Association President to negotiate a new MOU that will be effective June 22, 2025, upon City Council approval.
Regular Meeting Minutes 2/27/2024 Page 11 of 14
Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
8.3 Presentation by GHJ Advisors on the Results of the Forensic Investigation of the Electric Department for the Period of 01/01/2018 through 06/30/2023 Lincoln Bogard, Administrative Services Director, presented the staff report. He introduced Peter Brown of GHJ Advisors to present their report to Council.
Public Comment
• Harry Sullivan
• Jason Smith
• Jim Steffens
• Frank Burgess
• Brandon Robinson
• Frank Connolly
Motion to receive and file.
Motion by Council Member Happe
Seconded by Mayor Pro Tem Minjares
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
8.4 Consideration of Resolution 2024-32, Authorizing a Waiver of Fees in an Amount Not to Exceed $20,000 for Habitat-for-Humanity of the San Gorgonio Pass, Associated with the Processing of a Tentative Parcel Map (TPM) on Three Parcels Located at the Southwest Corner of W. Wilson Street and N. 8th Street in the City of Banning (APNs: 540-033-045, - 046, and -047)
Adam Rush, Community Development Director, presented the staff report.
Public Comment
• Frank Connolly
Regular Meeting Minutes 2/27/2024 Page 12 of 14
Motion to adopt Resolution 2024-32.
Motion by Mayor Sanchez
Seconded by Council Member Happe
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
Motion to continue the meeting past 10:00 p.m.
Motion by Council Member Wallace
Seconded by Council Member Flynn
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Motion approved by a vote of 5-0.
Mayor Sanchez announced a recess at 10:15 p.m. The meeting was reconvened at 10:31 p.m.
8.5 Consideration of Modifying the City of Banning's Public Hearing Notice Requirements for Development Applications
Adam Rush, Community Development Director, presented the staff report.
Public Comment
• Frank Connolly
Motion to continue the meeting past 11:00 p.m.
Motion by Mayor Sanchez
Seconded by Council Member Wallace
COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri
Happe, David
Minjares, Rick
Sanchez, Alberto
Wallace, Colleen
Regular Meeting Minutes 2/27/2024 Page 13 of 14
Motion failed by a vote of 4-1.
8.6 Consideration of Resolutions 2024-38, 2024-03 UA, and 2024-03 SA, Approving and Adopting the Mid- Year 2023-24 Budget for Fiscal Period July 1, 2023 through June 30, 2024, for the City, Utility Authority and Successor Agency
8.7 Consideration of Resolution 2024-33, Creating a Community Revitalization Investment Authority to Operate within the Community, and Making Certain Findings and Taking Certain Actions in Connection Therewith, and Resolution 2024- 02 SA, Making Certain Findings Relating to the City of Banning's Creation of a Community Revitalization Investment Authority to Operate within the Community
8.8 Consideration of Resolution 2024-40, Authorizing the Submittal of a Grant Application Under the Bureau of Reclamation WaterSMART: Title XVI WIIN Act Water Reclamation and Reuse Program for Fiscal Year 2023 and for Fiscal Year 2024 for up to 25% of the Total Project Costs, Up To $30 Million, for the Wastewater Treatment Plant and Recycled Water Upgrades and Authorizing the City Manager to Executed Related Grant Agreement to Receive Funding
9. DISCUSION ITEM(S)
9.1. Discuss Adding a City of Banning Identifier to the San Gorgonio Avenue Overpass
9.2. Discussion of Policy to Prohibit Use of Personal Cell Phones on Dais During Meetings
9.3. Ring of Honor Selection Committee Appointment
10. ITEMS FOR FUTURE AGENDAS
10.1. New Items
10.2. Pending Items:
1. Grow Banning (Sanchez)
2. Potential Grants to Fund Playhouse Bowl Improvements (Sanchez)
3. Food Desert Zoning Overlay (Minjares)
4. Beautification of San Gorgonio Overpass Funding (Gonzales)
5. Scope and Duties of the Budget and Finance Committee (Wallace)
6. Neighborhood Groups/Identities (Minjares)
7. Update on Community Garden (Flynn)
8. Public Notification Policy for Development Projects (Flynn)
9. Donation Policy (Flynn)
10. Zencity Contract (Flynn)
11. Cannabis Ordinance/Moratorium (Flynn)
12. Use of Personal Cell Phones on Dais (Flynn)
13. Zoom Options for Public Meetings (Flynn)
14. Ring of Honor (Minjares)
11. ADJOURNMENT
The meeting was adjourned at 11:15 p.m.
Regular Meeting Minutes 2/27/2024 Page 14 of 14
Minutes Prepared by:
Caroline Patton, Administrative City Clerk
These minutes have been prepared as Action Minutes in accordance with City Council Resolution 1995-21 and Government Code Sections 36814, 40801, and 54953(c)(2).
This entire meeting and all associated documents may be viewed here:
http://banning.ca.us/755/Agendas-and-Minutes---2024-to-Present ATTACHMENTS:
Exhibit A – Agenda Item 6.3: Public Comment
Exhibit B – Agenda Item 8.4: Staff Presentation
Exhibit C – Agenda Item 8.5: Staff Presentation
~~ ~ + r2 m ~-3
(1)!;lt ! r C"J6/ lo I 1 ° 01' RECEIVED
2022 JAN FEB MARCH
APRIL MAY JUNE
JULY AUG SEPT
OCT NOV DEC
TOTAL AT THIS POINT
2023 JAN FEB MARCH
APRIL MAY JUNE
JULY AUG SEPT
$ 77, 7228.28
$ 104,213.43
$ 80,829.04
$ 73,443.57
$ 73,925.26
$ 78,538.75
$ 83,860.91
OCT NOV DEC NOT PAID AT THIS POINT.
City of Banning
City Clerk's Office
$2,043,906.01
BALANCE AS OF JAN 2024 THAT HAS BEEN PAID $2,280,230.93 --------------------------------------------------- --------------------------------------------------- What it appears is that no action has been taken of the 14 pages that was deliver to the Banning City Clerk, Deputy City Clerk, City Attorneys Main Office, City Manager, Assistant City Manager, Purchasing office or the Administrative Services Director of Finances in reference to the Auto Groups agreement of 2005, 2012 and 2016. Where by that have failed to meet their Obligation to the citizen of Banning.
It is your duty as a city council to see that this matter is corrected at once. You must do your homework on this matter.
Frank J. Burgess, Feb 27, 2024 City Council meeting.
Exhibit A
Consideration and Adoption of Resolution 2024-32, A Resolution of the City Council of the City of Banning, California, Authorizing a Waiver of Fees in an Amount Not to Exceed $20,000 for Habitat-for-Humanity of the San Gorgonio Pass, Associated with the Processing of a Tentative Parcel Map (TPM) on Three Parcels Located at the Southwest Corner of W.
Wilson Street and N. 8th Street in the City of Banning (APNs: 540-033-045, -046, and -047).
Consideration and Adoption of Resolution 2024-32 A Resolution of the
CITY COUNCIL
REPORT OF OFFICERS NO. 8.4
FEBURARY 27, 2024
BACKGROUND:
In January of 2020, the City Council previously approved a Fee Waiver of $20,000 for another property on Wilson Street which is constructed, occupied, and was recently dedicated to the new residents.
Habitat has completed several homes within the City of Banning and recently purchased three (3) additional properties (APNs: 540-033- 045; -046; and -047).
The requested Fee Waiver would incorporate the City's application fees. The City's Fee Estimate for provision of these services is no less than $23,370 a breakdown of which provided below:
Exhibit B
AERIAL EXHIBIT:
GENERAL PLAN/ZONING:
ROAD/STREET ASSETS:
SEWER ASSETS:
WATER ASSETS:
FEE OUTLINE:
Final Parcel Map $992.00
Tentative Parcel Map $8,550.00
Environmental Assessment $8,505.00
Sub-Total: $18,047.00
Tenative Parcel Map - Prelim $2,238.00
Final Parcel Map (Plan Check - 1st Sheet) $2,275.00
Final Parcel Map (Plan Check - Each Additional Sheet) $810.00 Sub-Total: $5,323.00
TOTAL FEES $23,370.00
PLANNING FEES
ENGINEERING FEES
$23,370.00
JUSTIFICATION:
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20. FISCAL IMPACT:
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e total
y s
Genera al
amount
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nt
al Fund i
t realized
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ed
n the am
d within
amo
in
mount
n Fiscal
o
al
of at
l Year
t
ar
least
r 2023
t
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3/2024
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000.
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0 by
00, w
y June
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to
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t realized w
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with
ty
ithin Fiscal Ye
y Development
Yea
nt
ar 2023/2024
t Department
24 nt
(by June
Planning
30 ng
0, 2023)
Division
),
to the on
Budget
e C
et.
RECOMMENDATION:
Adoption Adopt on of Resolution 2024-32, a Resolution of the City Council of the City
opt
ty of
ti
of
ion of Resol
f Banning,
sol
g
solution 202
, California
02 ia
24 32, a Resolu
a Authorizing
solu
ng
olu
a
lution o
a Waiver
of
er
th
r of
he Cit
f Fees
ty
es
y C
s in
Counc
n the
nc
he
cil of th
e Amount
he
Cit nt
Not
ty
ot
y o
to
of
to
f Banning
o Exceed
n
ed
g
$
, C
20 Ca
20,
alifo
0,000
or
00 rnia
0 for
a
or
Authorizin
r Habitat
izin
atzingt-for
g
ora Waiverr-Humanity
o
ty
f
y of
F
of
Fees
f the
s
he
in t
e San
th
an
he Amoun
n Gorgonio
nt
Not io
Pass,
to Exceed
, Associated
$
ed
$20,0
d with
00 th
00 f
h the
fo
he
or Habitat
e Processing
f
ng
for
g of
H
a
Humanity o
a Tentative
of
ve
f the S
e Parcel
Sa
el
an G
l Map
Gor
ap
orgoni
(TPM)
io
Pass M)
on
ass,
n the
A
he
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e Three
iate
ee
ated wit
e Parcels
th
ls
th the Pr
s Located
roce
ed
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at
e
at
essin
t the
ng
he
g of a Tentat
e Southwest
tat
st
tative P
t Corner
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er
arc
of
ce
of
el Ma
f West
ap
st
p (TPM
t Wilson
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on th on
Street
he
et
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t and
hre
d
ree Parce
d North
a
th
rce
8 th
el
th
ls Locate
h Street
ate
et
ted
t in
d
in
d at
n the
t
he
the
e City
S
ty
Sou
y of
u
of
uthwest
f Banning
C
ng
Corner
g (APNs
r
Ns:
o
s
of W
: 540
Wes
40-
est
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W
33-
Wilso
3-045
o
45;
on
-
Stree
046
ee
46;
et an
; and
n
nd
d
-
d No
-047
ort
47)
orth
7).
ALTERNATIVES:
1. Approve Approve the fee waiver request, but in a reduced amount to be determined
t
ed
he
by
fee
y the
e
he
e waive
e City
aive
ty
aiver re
y Council
eque
cil.
2. Do not approve the fee waiver request and provide alternative direction to Habitatapt-for
pro
orprove ther-Humanity
fee
ty.
3. Continue Continue the item and request that staff to provide additional research or information,
e
, as
i
as
tem and
s directed
req
d by
que
y
ques
y the
st
he
t tha
e City
a
ty
t staff t
y Council
to p
cil.
Thank you!
Staff is Available for Questions
Contact Information
Adam B. Rush, AICP
Community Development Director
[email protected]
CITY COUNCIL
REPORT OF OFFICERS NO. 8.5
FEBURARY 27, 2024
Consideration of Modifying the City of Banning's Public Hearing Notice Requirements for Development
Applications
SUGGESTED ACTION:
Discuss and Consider Modifications to the City of Banning's Public Hearing Notice Requirements for Development Applications, as specified by Chapter
17.68, and Provide Direction to the Community Development Director.
Exhibit C
BACKGROUND:
How does the City inform the public about proposed developments or proposed new uses? (CA Gov. Code 65090 65096)
The California Government Code requires public hearing notices be sent to all property owners within a 300-foot radius of a development site a minimum of ten (10) days prior to the hearing. Increased noticing to 1,200-feet is required when projects are adjacent to rural zones (R-A, R-A/H, R-R, R-R/H), located within the City (See 4th mapped example):
The City meets the minimum distance of 300-feet (or 1,200-feet where it applies) for public hearing noticing.
The City also provides a legal advertisement, in the Record Gazette, published approximately 12-days prior to the noticed public hearing. The Record Gazette is the Citys Newspaper of Record.
BACKGROUND:
The City contacted 11 cities, only 6 responded, to determine what their public notification guidelines were:
City Name Pop(2021) Phone # Newspaper Mail to PO Website Banning 30,273 Yes Yes-300ft-10days
Norco 26,077 (951) 270-5661
Hemet 90,436 (951) 765-2375
Wildomar 37,189 (951) 677-7751 ext 203
Desert Hot Springs 32,716 (760) 329-6411 Yes Yes-300ft-10days Yes San Jacinto 55,290 (951) 487-7330 Yes Yes-300ft-10days Yes Calimesa 10,893 (909) 795-9801
La Quinta 38,181 (760) 777-7023 Yes Yes-500ft-10 days Yes Eastvale 71,375 (951) 703-4460 Yes Yes-300ft-14days Yes Yucaipa 54,739 (909) 797-2489 Yes Yes-300ft-14days Yes-GIS map Jurupa Valley 106,941 (951) 332-6464 ext 134
Palmdale 165,761 (626) 267-5200 Yes Yes & Tenants -500/700/1000ft-10/14days No Public Notice Process- Surrounding Cities
Desert Hot Springs
La Quinta
Eastvale
Yucaipa
Palmdale
San Jacinto
NOTICE TO PROPERTY OWNERS:
Gov. Code 65091(4): Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing.
Only the Owner of Record Receives Notice (Not the Tenant) EXPANDED NOTICE:
How does the City inform the public about proposed developments or proposed new uses?
If number of real property owners exceeds 1,000, at least 10-days before the Public Hearing, the City is required to publish an 1/8-page display advertisement in the newspaper containing:
Date, time, place hearing body, general explanation of matter, general description of the location of real property subject of hearing. Notices are also mailed to persons who file a written request. All public notices are available on the Citys website and bulletin board.
EXAMPLE OF 1/8-pg. AD:
OPTIONS:
What are Options for Additional Public Noticing?
Increasing the notification radius: 600-ft; 1,200-feet, etc. Expand the noticing to tenants, lessees, renters, etc. (including the owners of mobile units and/or their lots).
Require posting of a 4 x 8 sign on the property, no less than 10- days prior to the public hearing (consistent with the mailed notice/legal advertisement).
Increase the minimum timeframe prior to a public hearing (15- days, 20-days, 30-days (max)).
300-FOOT BUFFER:
A 300-foot
buffer, from
the example
site includes
notice to
approximatel
y 30-property
owners.
600-FOOT BUFFER:
A 600-foot
buffer, from
the example
site includes
notice to
approximately
74-property
owners.
1,200-FOOT BUFFER:
A 1,200-foot
buffer, from
the example
site includes
notice to
approximately
382-property
owners.
RURAL 1,200-FOOT BUFFER:
A 1,200-foot
buffer, from
the example
site includes
notice to
approximately
15-property
owners.
EX. PUBLIC NOTICE:
NOTIFICATION TO TENANTS:
What are Options for Incorporating Tenants, Lessees, Renters?:
Pros: Increases Transparency/increases public participation Cons: Increases costs borne by the Applicant/Ability to Access List of Tenants
A list of residential tenants is not publicly available, from a reliable source to be used by a Public Agency.
The City currently uses Infosend® Fair Housing Regs prevent disclosure of some information, within the Admin/Public Record. Likely will need to purchase a database
ON-SITE SIGNAGE:
Require posting of a 4 x 8 sign on the property, no less than 10-days prior to the public hearing (consistent with the mailed notice/legal advertisement).
SIGNAGE (contd):
For Example Purposes Only
1. SIZE: Dimensions shall be 4 x 8 (see Figure 1).
2. HEIGHT: Sign shall be six feet in height (see Figure 1).
3. MATERIALS: ½ inch plywood (minimum). Sign shall be constructed with 4 x 4 supporting posts placed at a minimum depth of 2 with 2 x 4 cross supports as shown in the diagram.
4. LOCATION: A minimum of 5 inside the property line in residential zones and a minimum of 1 inside the property line in commercial and industrial zones. The sign shall be located in the area most visible to the public on the project site.
5. COLOR: Background color varies (Cyan, Blue, Green, Lavender, Orange, Red) with black lettering
6. LETTERING: Shall be block style.
7. LIGHTING: Shall NOT be illuminated.
8. INFORMATION: Sign shall include ONLY the information provided by the assigned planner.
SIGNAGE (contd):
1. Sign shall be posted a minimum of 10 days prior to the hearing date. It shall be the responsibility of the applicant to contact the Planning Division to obtain the appropriate date and time.
2. Hearing date on the sign shall be changed for Commission items which are continued or are to be heard by the City Council including, but not limited to, Zone Changes, General Plan Amendments, Specific Plans, and appealed items.
Said date shall be changed a minimum of 11 days prior to the hearing.
3. Sign shall be removed within 14 days following the Planning Commission hearing date or IMMEDIATELY following final City Council action. It is recommended that the cost of sign removal be included in a sign contract with the sign company.
SIGNAGE (contd):
INCREASING NOTICED TIMEFRAMES:
Increase the minimum timeframe prior to a public hearing:
(15-days, 20-days, 30-days (max)).
Pros: Increased time to review and comment on projects
Cons: Require longer lead times for entitlement scheduling (potential delays)
JUSTIFICATION:
Intent and purpose. It is the intent of this discussion is to enhance the Citys Community Engagement Plan, increase transparency with the public, and provide more opportunities for public input, discourse, and participation. The intended purpose of requiring developers to present and engage in a public outreach during the entitlement process is to address potential issues of concerns with the public prior to an approval of their Project. Scope of regulations. The updated Ordinance Provisions that result from any Council direction received shall be applied to establish policies related the Citys Public Notice and Hearing Procedures.
FISCAL IMPACTS:
At the time that an Ordinance is considered by the Council, another public hearing will occur and the Introduction of the First Reading, and then the Second Reading is required. This process will require the support of City Staff (namely the Community Development Department, Deputy City Clerk, City Attorney, and City Manager).
While a specific dollar amount is unknown at this time, preliminary estimates are calculated at approximately:
$5,000 to $12,500 in Legal Costs; and
$7,500 to $15,000 in total Staff Support Costs
The anticipated timeframe for this entire process is approximately six (6) to eight (8) months.
Both the costs and timeframe are widely subject to change, based upon the degree and complexity of input requested by the City Council and Planning Commission.
Estimate Only!!!
SUGGESTED ACTION:
Discuss and Consider Modifications to the City of Banning's Public Hearing Notice Requirements for Development Applications, as specified by Chapter 17.68, and Provide Direction to the Community Development Director.
ALTERNATIVES:
1. Provide direction to staff regarding additional research, but delay initiation of the amendment.
2. Continue this item off calendar and without discussion.
Thank you!
Staff is Available for Questions
Contact Information
Adam B. Rush, AICP
Community Development Director
(951) 922-3131
[email protected]